[Federal Register: February 2, 2000 (Volume 65, Number 22)]
[Proposed Rules]
[Page 5196-5214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02fe00-41]
[[Page 5196]]
-----------------------------------------------------------------------
Part V
Department of Agriculture
-----------------------------------------------------------------------
Forest Service
-----------------------------------------------------------------------
Department of the Interior
-----------------------------------------------------------------------
Fish and Wildlife Service
-----------------------------------------------------------------------
36 CFR Part 242
50 CFR Part 100
Subsistent Management Regulations for Public Lands in Alaska and
Subsistence Taking of Fish and Wildlife Regulations; Proposed Rule
[[Page 5197]]
DEPARTMENT OF AGRICULTURE
Forest Service
36 CFR Part 242
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 100
RIN 1018-AF91
Subsistence Management Regulations for Public Lands in Alaska,
Subpart C and Subpart D--2001 Subsistence Taking of Fish and Wildlife
Regulations
AGENCY: Forest Service, Agriculture; and Fish and Wildlife Service,
Interior.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would revise regulations for seasons,
harvest limits, methods, and means related to taking of fish and
shellfish for subsistence uses during the 2001 regulatory year. The
rulemaking is necessary because Subpart D is subject to an annual
public review cycle. When final, this rulemaking will replace the fish
and shellfish regulations (Subpart D, Sections____.26 and .27) included
in the ``Subsistence Management Regulations for Public Lands in Alaska,
Subparts A, B, C, and D, Redefinition To Include Waters Subject to
Subsistence Priority, Final Rule'' which expire on February 28, 2001.
This rule would also amend the Customary and Traditional Use
Determinations of the Federal Subsistence Board (Section__.24 of
Subpart C).
DATES: The Federal Subsistence Board must receive your written public
comments and proposals to change this proposed rule no later than March
27, 2000. Federal Subsistence Regional Advisory Councils (Regional
Councils) will hold public meetings to receive proposals to change
regulations contained in this proposed rule from February 15-March 27,
2000, at various locations in Alaska. See SUPPLEMENTARY INFORMATION for
additional information on meetings.
ADDRESSES: You may submit written comments and proposals to the Office
of Subsistence Management, 1011 E. Tudor Road, Anchorage, Alaska 99503.
See SUPPLEMENTARY INFORMATION for meeting locations.
FOR FURTHER INFORMATION CONTACT: Chair, Federal Subsistence Board, c/o
U.S. Fish and Wildlife Service, Attention: Thomas H. Boyd, Office of
Subsistence Management; (907) 786-3888. For questions specific to
National Forest System lands, contact Ken Thompson, Regional
Subsistence Program Manager, USDA, Forest Service, Alaska Region, (907)
271-2540.
SUPPLEMENTARY INFORMATION:
Meeting Locations and Written Comment Procedures
The Federal Subsistence Board (Board) will hold meetings on this
proposed rule at the following locations in Alaska:
North Slope Regional Council, Barrow: February 17, 2000.
Eastern Interior Regional Council, Fairbanks: February 21, 2000.
Western Interior Regional Council, Fairbanks: February 21, 2000.
Seward Peninsula Regional Council, Unalakleet: February 22, 2000.
Northwest Arctic Regional Council, Kotzebue: February 29, 2000.
Southcentral Regional Council, Kenai: March 1, 2000.
Southeast Regional Council, Douglas: March 13, 2000.
Kodiak/Aleutians Regional Council, Anchorage: March 21, 2000.
Yukon-Kuskokwim Delta Regional Council, Nunapitchuk: March 21, 2000.
Bristol Bay Regional Council, Dillingham: March 24, 2000.
We will publish notice of specific dates, times, and meeting
locations in local and statewide newspapers prior to the meetings. We
may need to change locations and dates based on weather or local
circumstances. The amount of work on each Regional Council's agenda
will determine the length of the Regional Council meetings. We will
compile and distribute for additional public review during April 2000
the written proposals to change Subpart D fish and shellfish
regulations and customary and traditional use determinations in Subpart
C. A 30-day public comment period will follow distribution of the
compiled proposal packet. We will accept written public comments on
distributed proposals during the public comment period. You may present
comments on published proposals to change fish and shellfish and
customary and traditional use determination regulations relative to
fish and shellfish to the Regional Councils at their fall meetings;
locations, dates, and times to be announced. The Board will deliberate
and take final action on proposals received that request changes to
this proposed rule at a public meeting to be held in Anchorage during
December 2000.
Providing the following information will facilitate the Board's
review of your comments and proposals: (a) Your name, address, and
telephone number; (b) The section and/or paragraph of the proposed rule
for which your change is being suggested; (c) A statement explaining
why the change is necessary; (d) The proposed wording change; and (e)
Any additional information you believe will help the Board in
evaluating your proposal. Proposals that fail to include the above
information, or proposals that are beyond the scope of authorities in
Sec. __.24, Subpart C, and Secs. __.26 and __.27, Subpart D, may be
rejected. The Board may defer review and action on some proposals if
workload exceeds work capacity of staff, Regional Councils, or Board.
These deferrals will be based on recommendations of the affected
Regional Council staff members and on the basis of least harm to the
subsistence user. Proposals should be specific to customary and
traditional use determinations or to subsistence fish and shellfish
seasons, harvest limits, and/or methods and means.
Public Review Process--Regulation Comments, Proposals, and Public
Meetings
This proposed rule will also be available for review through the
Office of Subsistence Management's home page at http://www.r7.fws.gov/
asm/home.html. You may submit written comments or proposed regulation
changes in writing to the address identified at the beginning of this
rulemaking by March 27, 2000. You may also present comments or
proposals at Regional Council meetings to be held February 17-March 24,
2000. Proposals may also be submitted electronically to
Bill__Knauer@fws.gov.
Following public distribution of proposals for changes to the 2001
proposed regulations, we will provide a comment period to allow public
review of those proposals that will be considered by the Board. We will
also hold a second series of Regional Council meetings in September and
October 2000 to assist the Regional Councils in developing
recommendations to the Board. You may submit written comments on those
proposals to the U.S. Fish and Wildlife Service before conclusion of
the comment period, which is presently scheduled to end on May 31,
2000. The Board will discuss and evaluate proposed changes to this rule
during a public meeting scheduled to be held in Anchorage, December
2000. You may provide additional oral testimony on specific proposals
before the Board at that time.
[[Page 5198]]
Background
Title VIII of the Alaska National Interest Lands Conservation Act
(ANILCA) (16 U.S.C. 3111-3126) requires that the Secretary of the
Interior and the Secretary of Agriculture (Secretaries) implement a
joint program to grant a preference for subsistence uses of fish and
wildlife resources on public lands, unless the State of Alaska enacts
and implements laws of general applicability that are consistent with
ANILCA and that provide for the subsistence definition, preference, and
participation specified in Sections 803, 804, and 805 of ANILCA. The
State implemented a program that the Department of the Interior
previously found to be consistent with ANILCA. However, in December
1989, the Alaska Supreme Court ruled in McDowell v. State of Alaska
that the rural preference in the State subsistence statute violated the
Alaska Constitution. The Court's ruling in McDowell required the State
to delete the rural preference from the subsistence statute and,
therefore, negated State compliance with ANILCA. The Court stayed the
effect of the decision until July 1, 1990.
As a result of the McDowell decision, the Department of the
Interior and the Department of Agriculture (Departments) assumed on
July 1, 1990, responsibility for implementation of Title VIII of ANILCA
on public lands. On June 29, 1990, the Temporary Subsistence Management
Regulations for Public Lands in Alaska were published in the Federal
Register (55 FR 27114-27170). Consistent with Subparts A, B, and C of
these regulations, the Departments established a Federal Subsistence
Board to administer the Federal subsistence management program. The
Board's composition includes a Chair appointed by the Secretary of the
Interior with concurrence of the Secretary of Agriculture; the Alaska
Regional Director, U.S. Fish and Wildlife Service; the Alaska Regional
Director, U.S. National Park Service; the Alaska State Director, U.S.
Bureau of Land Management; the Alaska Area Director, U.S. Bureau of
Indian Affairs; and the Alaska Regional Forester, USDA Forest Service.
The ``Subsistence Management Regulations for Public Lands in
Alaska; Final Rule'' was published in the Federal Register (57 FR
22940-22964) on May 29, 1992. In a lawsuit consolidated with Alaska v.
Babbitt, plaintiff Katie John challenged these rules, arguing that
navigable waters are properly included within the definition of
``public lands'' set out in ANILCA. The United States Court of Appeals
for the Ninth Circuit subsequently held: ``[T]he definition of public
lands includes those navigable waters in which the United States has an
interest by virtue of the reserved water rights doctrine.'' Alaska v.
Babbitt, 72 F.3d at 703-704. In the course of its decision, the Ninth
Circuit also directed: ``[T]he Federal agencies that administer the
subsistence priority are responsible for identifying those waters.''
Id. at 704. As a result, following publication of a proposed rule (62
FR 66126) on December 17, 1997, we published a final rule (Subsistence
Management Regulations for Public Lands in Alaska, Subparts A, B, C,
and D, Redefinition To Include Waters Subject to Subsistence Priority,
Final Rule, 64 FR 1276) on January 8, 1999, that conformed the Federal
subsistence management regulations to the Ninth Circuit's ruling.
Through the Board, these agencies have participated in development
of regulations for Subparts A, B, and C, and the annual Subpart D
regulations. All Board members have reviewed this proposed rule and
agree with its substance. Because this proposed rule relates to public
lands managed by an agency or agencies in both the Departments of
Agriculture and the Interior, identical text would be incorporated into
36 CFR part 242 and 50 CFR part 100.
Applicability of Subparts A, B, and C
Subparts A, B, and C (unless otherwise amended) of the Subsistence
Management Regulations for Public Lands in Alaska, 50 CFR 100.1 to
100.23 and 36 CFR 242.1 to 242.23, remain effective and apply to this
rule. Therefore, all definitions located at 50 CFR 100.4 and 36 CFR
242.4 apply to regulations found in this subpart.
Applicable Waters
We published regulations in the Federal Register January 8, 1999,
(64 FR 1276) that identified those waters where a Federal reserved
water right exists. These regulations would not change those areas of
applicability.
Federal Subsistence Regional Advisory Councils
Pursuant to the Record of Decision, Subsistence Management
Regulations for Federal Public Lands in Alaska, April 6, 1992, and the
Subsistence Management Regulations for Federal Public Lands in Alaska,
36 CFR 242.11 (1999) and 50 CFR 100 (1999), and for the purposes
identified therein, we divide Alaska into 10 subsistence resource
regions, each of which is represented by a Federal Subsistence Regional
Advisory Council (Regional Council). The Regional Councils provide a
forum for rural residents with personal knowledge of local conditions
and resource requirements to have a meaningful role in the subsistence
management of fish and wildlife on Alaska public lands. The Regional
Council members represent varied geographical, cultural, and user
diversity within each region.
The Regional Councils have a substantial role in reviewing the
proposed rule and making recommendations for the final rule. Moreover,
the Council Chairs, or their designated representatives, will present
their Council's recommendations at the Board meeting in May 2000.
Proposed Changes From 2000 Seasons and Harvest Limit Regulations
Subpart D regulations are subject to an annual cycle and require
development of an entire new rule each year. Customary and traditional
use determinations are also subject to an annual review process
providing for modification each year. The text of the 2000 Subparts C
and D Final Rule served as the foundation for the 2001 Subparts C and D
proposed rule. The regulations contained in this proposed rule will
take effect on March 1, 2001, unless elements are changed by subsequent
Board action following the public review process outlined herein.
Conformance With Statutory and Regulatory Authorities
National Environmental Policy Act Compliance
A Draft Environmental Impact Statement (DEIS) that described four
alternatives for developing a Federal Subsistence Management Program
was distributed for public comment on October 7, 1991. That document
described the major issues associated with Federal subsistence
management as identified through public meetings, written comments, and
staff analysis and examined the environmental consequences of the four
alternatives. Proposed regulations (Subparts A, B, and C) that would
implement the preferred alternative were included in the DEIS as an
appendix. The DEIS and the proposed administrative regulations
presented a framework for an annual regulatory cycle regarding
subsistence hunting and fishing regulations (Subpart D). The Final
Environmental Impact Statement (FEIS) was published on February 28,
1992.
Based on the public comment received, the analysis contained in the
FEIS, and the recommendations of the
[[Page 5199]]
Federal Subsistence Board and the Department of the Interior's
Subsistence Policy Group, it was the decision of the Secretary of the
Interior, with the concurrence of the Secretary of Agriculture, through
the U.S. Department of Agriculture-Forest Service, to implement
Alternative IV as identified in the DEIS and FEIS (Record of Decision
on Subsistence Management for Federal Public Lands in Alaska (ROD),
signed April 6, 1992). The DEIS and the selected alternative in the
FEIS defined the administrative framework of an annual regulatory cycle
for subsistence hunting and fishing regulations. The final rule for
Subsistence Management Regulations for Public Lands in Alaska, Subparts
A, B, and C (57 FR 22940-22964, published May 29, 1992) implemented the
Federal Subsistence Management Program and included a framework for an
annual cycle for subsistence hunting and fishing regulations.
We prepared an environmental assessment on the expansion of Federal
jurisdiction over fisheries that is available by contacting the office
listed under FOR FURTHER INFORMATION CONTACT. The Secretary of the
Interior with the concurrence of the Secretary of Agriculture
determined that the expansion of Federal jurisdiction does not
constitute a major Federal action, significantly affecting the human
environment and signed a Finding of No Significant Impact. Accordingly,
an amended final rule for Subsistence Management Regulations for Public
Lands in Alaska (64 FR 1276, published January 8, 1999) expanded the
Federal Subsistence Management Program and included a framework for an
annual cycle for subsistence hunting and fishing regulations.
Compliance With Section 810 of ANILCA
The intent of all Federal subsistence regulations is to accord
subsistence uses of fish and wildlife on public lands a priority over
the taking of fish and wildlife on such lands for other purposes,
unless restriction is necessary to conserve healthy fish and wildlife
populations. We completed Section 810 analyses as part of the FEIS and
the environmental assessment processes. They concluded that the Federal
Subsistence Management Program, with an annual process for setting
hunting and fishing regulations, may have some local impacts on
subsistence uses, but will not reach the ``may significantly restrict''
threshold for notice and hearings under ANILCA section 810(a) for any
subsistence uses.
Paperwork Reduction Act
These rules contain information collection requirements subject to
Office of Management and Budget (OMB) approval under the Paperwork
Reduction Act of 1995. They apply to the use of public lands in Alaska.
The information collection requirements described below were approved
by OMB under 44 U.S.C. 3501 and were assigned clearance number 1018-
0075, which expires 5/31/2000. The information requirements described
below will be submitted to OMB for approval beyond that date. We will
not conduct or sponsor, and you are not required to respond to, a
collection of information request unless it displays a currently valid
OMB control number.
The collection of information under this rule will be achieved
through the use of a Federal Subsistence Fish/Shellfish Harvest/
Designated Harvester Application, which would be the same form as
currently approved and used for the hunting program. This information
will establish whether the applicant qualifies to participate in a
Federal subsistence fishery on public land in Alaska and will provide a
report of harvest and location of harvest.
The likely respondents to this collection of information are rural
Alaska residents who wish to participate in specific subsistence
fisheries on Federal land. The collected information is necessary to
determine harvest success and harvest location in order to make
management decisions relative to the conservation of healthy fish or
shellfish populations. The annual burden of reporting and recordkeeping
is estimated to average 0.25 hours per response, including time for
reviewing instructions, gathering and maintaining data, and completing
and reviewing the form. The estimated number of likely respondents
under this rule is less than 1,000, yielding a total annual reporting
and recordkeeping burden of 250 hours or less.
Direct comments on the burden estimate or any other aspect of this
form to: Information Collection Officer, U.S. Fish and Wildlife
Service, 1849 C Street, NW, MS 224 ARLSQ, Washington, DC 20240; and the
Office of Management and Budget, Paperwork Reduction Project
(Subsistence), Washington, DC 20503. Additional information collection
requirements may be imposed if Local Advisory Committees subject to the
Federal Advisory Committee Act are established under Subpart B.
Other Requirements
This rule was not subject to OMB review under Executive Order
12866. Executive Order 12866 requires each agency to write regulations
that are easy to understand. We invite your comments on how to make
this rule easier to understand, including answers to questions such as
the following: (1) Are the requirements in the rule clearly stated? (2)
Does the rule contain technical language or jargon that interferes with
its clarity? (3) Does the format of the rule (grouping and order of
sections, use of headings, paragraphing, etc.) aid or reduce its
clarity? (4) Would the rule be easier to understand if it were divided
into more (but shorter) sections? (A ``section'' appears in bold type
and is preceded by the symbol ``Sec. '' and a numbered heading; for
example, [Sec. __.24 Customary and traditional determinations.]) (5) Is
the description of the rule in the SUPPLEMENTARY INFORMATION section of
the preamble helpful in understanding the rule? What else could we do
to make the rule easier to understand. Send a copy of any comments that
concern how we could make this rule easier to understand to: USFWS,
Office of Subsistence Management, Thomas H. Boyd, 1011 E. Tudor Road,
Anchorage, Alaska 99503. You may also e-mail the comments to this
address: Bill__Knauer@fws.gov.
The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)
requires preparation of flexibility analyses for rules that will have a
significant effect on a substantial number of small entities, which
include small businesses, organizations, or governmental jurisdictions.
The Departments have determined that this rulemaking will not have a
significant economic effect on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act.
This rulemaking will impose no significant costs on small entities;
the exact number of businesses and the amount of trade that will result
from this Federal land-related activity is unknown. The aggregate
effect is an insignificant positive economic effect on a number of
small entities, such as ammunition, snowmachine, fishing tackle, boat,
motor, and gasoline dealers. The number of small entities affected is
unknown, but the fact that the positive effects will be seasonal in
nature and will, in most cases, merely continue preexisting uses of
public lands indicates that they will not be significant.
In general, the resources harvested under this rule will be
consumed by the local harvester and do not result in a dollar benefit
to the economy. However, we estimate that 24 million pounds of fish
(including 8.3 million pounds of
[[Page 5200]]
salmon) are harvested by the local subsistence users annually and, if
given a dollar value of $3.00 per pound for salmon and $0.58 per pound
for other fish, would equate to about $34 million in food value State-
wide.
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Act. This rule will not have an effect
on the economy of $100 million or more; will not cause a major increase
in costs or prices for consumers, individual industries, Federal,
State, or local government agencies, or geographic regions; and will
not have significant adverse effects on competition, employment,
investment, productivity, innovation, or the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
Title VIII of ANILCA requires the Secretaries to administer a
subsistence preference on public lands. The scope of this program is
limited by definition to certain public lands. Likewise, these
regulations have no potential takings of private property implications
as defined by Executive Order 12630.
The Service has determined and certifies pursuant to the Unfunded
Mandates Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will
not impose a cost of $100 million or more in any given year on local or
State governments or private entities. The implementation of this rule
is by Federal agencies, and no cost is involved to any State or local
entities or tribal governments.
The Service has determined that these final regulations meet the
applicable standards provided in sections 3(a) and 3(b)(2) of Executive
Order 12988.
In accordance with Executive Order 13132, the rule does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment. Title VIII of ANILCA precludes the State from
exercising management authority over fish or wildlife resources on
Federal lands unless it meets certain requirements.
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible
effects on Federally recognized Indian tribes and have determined that
there are no effects. The Bureau of Indian Affairs is a participating
agency in this rulemaking.
We emphasize that these regulations would apply only to Federal
lands and waters where there is a Federal interest. Individuals who do
not meet the requirements under these regulations may still harvest
fish and shellfish on Federal lands and waters in accordance with other
State fishing and hunting regulations, except in those instances where
Federal lands or waters have been specifically closed to non-Federally
qualified subsistence users.
Drafting Information. These regulations were drafted by William
Knauer under the guidance of Thomas H. Boyd, of the Office of
Subsistence Management, Alaska Regional Office, U.S. Fish and Wildlife
Service, Anchorage, Alaska. Additional guidance was provided by Curt
Wilson, Alaska State Office, Bureau of Land Management; Sandy
Rabinowitch, Alaska Regional Office, National Park Service; Ida
Hildebrand, Alaska Area Office, Bureau of Indian Affairs; and Ken
Thompson, USDA-Forest Service.
List of Subjects
36 CFR Part 242
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
50 CFR Part 100
Administrative practice and procedure, Alaska, Fish, National
forests, Public lands, Reporting and recordkeeping requirements,
Wildlife.
For the reasons set out in the preamble, the Departments propose to
amend Title 36, Part 242, and Title 50, Part 100, of the Code of
Federal Regulations, as set forth below.
PART ____--SUBSISTENCE MANAGEMENT REGULATIONS FOR PUBLIC LANDS IN
ALASKA
1. The authority citation for both 36 CFR Part 242 and 50 CFR Part
100 would continue to read as follows:
Authority: 16 U.S.C. 3, 472, 551, 668dd, 3101-3126; 18 U.S.C.
3551-3586; 43 U.S.C. 1733.
Subpart C--Board Determinations
2. We propose to amend subpart C of 36 CFR part 242 and 50 CFR part
100, by revising Sec. ____.24(a)(2) and (a)(3) to read as follows:
Sec. ____.24 Customary and traditional use determinations.
(a) * * *
(2) Fish determinations.
------------------------------------------------------------------------
Area Species Determination
------------------------------------------------------------------------
Kotzebue area............... All fish............ Residents of the
Kotzebue Area.
Norton Sound--Port Clarence All fish............ Residents of the
Area. Norton Sound-Port
Clarence Area.
Yukon--Northern area--Yukon Salmon, other than Residents of the
River drainage. Yukon River Fall Yukon Area,
Chum salmon. including the
community of
Stebbins.
Yukon River drainage........ Yukon River Fall Residents of the
chum salmon. Yukon River
drainage, including
the communities of
Stebbins, Scammon
Bay, Hooper Bay,
and Chevak.
Yukon River drainage........ Freshwater fish Residents of the
species (other than Yukon-Northern
salmon), including Area.
sheefish,
whitefish, lamprey,
burbot, sucker,
grayling, pike,
char, and blackfish.
Remainder................... All fish............ Residents of the
Northern Area,
except for those
domiciled in Unit
26-B.
Kuskokwim area.............. Salmon.............. Residents of the
Kuskokwim Area,
except those
persons residing on
the United States
military
installation
located on Cape
Newenham, Sparevohn
USAFB, and Tatalina
USAFB.
Rainbow trout....... Residents of the
communities of
Quinhagak, Goodnews
Bay, Kwethluk, Eek,
Akiachak, Akiak,
and Platinum.
[[Page 5201]]
Pacific cod......... Residents of the
communities of
Chevak, Newtok,
Tununak, Toksook
Bay, Nightmute,
Chefornak, Kipnuk,
Mekoryuk,
Kwigillingok,
Kongiganak, Eek,
and Tuntutuliak.
All other fish other Residents of the
than herring. Kuskokwim Area.
Waters around Nunivak Herring and herring Residents within 20
Island.. roe. miles of the coast
between the
westernmost tip of
the Naskonant
Peninsula and the
terminus of the
Ishowik River and
on Nunivak Island.
Bristol Bay area--Nushagak Salmon and other Residents of the
District, including freshwater fish. Nushagak District
drainages flowing into the and freshwater
district. drainages flowing
into the district.
Naknek-Kvichak District-- Salmon and other Residents of the
Naknek River drainage. freshwater fish. Naknek and Kvichak
River drainages.
Naknek-Kvichak District-- Salmon and other Residents of the
Iliamna-Lake Clark drainage. freshwater fish. Iliamna-Lake Clark
drainage.
Togiak District, including Salmon and other Residents of the
drainages flowing into the freshwater fish. Togiak District,
district. freshwater
drainages flowing
into the district,
and the community
of Manokotak.
Togiak District............. Herring spawn on Residents of the
kelp. Togiak District.
Remainder................... All fish............ Residents of the
Bristol Bay Area.
Aleutian Islands area....... All fish............ Residents of the
Aleutian Islands
Area and the
Pribilof Islands.
Alaska Peninsula area....... Halibut............. Residents of the
Alaska Peninsula
Area and the
communities of
Ivanof Bay and
Perryville.
All other fish in Residents of the
the Alaska Alaska Peninsula
Peninsula Area. Area.
Chignik area................ Halibut, salmon and Residents of the
fish other than Chignik Area.
steelhead and
rainbow trout.
Kodiak area--except the Salmon.............. Residents of the
Mainland District, all Kodiak Island
waters along the south side Borough, except
of the Alaska Peninsula those residing on
bounded by the latitude of the Kodiak Coast
Cape Douglas (58 deg.52' Guard Base.
North latitude) mid-stream
Shelikof Strait, and east
of the longitude of the
southern entrance of Imuya
Bay near Kilokak Rocks (57
deg.11'22" North latitude,
156 deg.20'30" W longitude).
Kodiak area................. Fish other than Residents of the
steelhead and Kodiak Area.
rainbow trout and
salmon.
Cook Inlet area............. Fish other than Residents of the
salmon, Dolly Cook Inlet Area.
Varden, trout,
char, grayling, and
burbot.
Prince William Sound area-- Salmon.............. Residents of the
South-Western District and Southwestern
Green Island. District which is
mainland waters
from the outer
point on the north
shore of Granite
Bay to Cape
Fairfield, and
Knight Island,
Chenega Island,
Bainbridge Island,
Evans Island,
Elrington Island,
Latouche Island and
adjacent islands.
North of a line from Salmon.............. Residents of the
Porcupine Point to Granite villages of
Point, and south of a line Tatitlek and
from Point Lowe to Tongue Ellamar.
Point.
Glennallen Subdistrict of Salmon.............. Residents of the
the Upper Copper River Prince William
District and the waters of Sound Area.
the Copper River between
ADF&G regulatory markers
located near the mouth of
Tanada Creek and
approximately one-half mile
downstream from that mouth
and in Tanada Creek between
ADF&G regulatory markers
identifying the open waters
of the creek.
Copper River District-- Salmon.............. Residents of the
remainder. Prince William
Sound Area.
Yakutat area--Freshwater Salmon.............. Residents of the
upstream from the terminus area east of
of streams and rivers of Yakutat Bay,
the Yakutat Area from the including the
Doame River to the Tsiu islands within
River. Yakutat Bay, west
of the Situk River
drainage, and south
of and including
Knight Island.
Freshwater upstream from the Dolly Varden, Residents of the
terminus of streams and steelhead trout, area east of
rivers of the Yakutat Area and smelt. Yakutat Bay,
from the Doame River to including the
Point Manby. islands within
Yakutat Bay, west
of the Situk River
drainage, and south
of and including
Knight Island.
Southeastern Alaska area-- Salmon, Dolly Residents of the
District 1--Section 1-E in Varden, trout, City of Saxman.
waters of the Naha River smelt and eulachon.
and Roosevelt Lagoon.
District 1--Section 1-F in Salmon, Dolly Residents of the
Boca de Quadra in waters of Varden, trout, City of Saxman.
Sockeye Creek and Hugh smelt and eulachon.
Smith Lake within 500 yards
of the terminus of Sockeye
Creek.
[[Page 5202]]
District 2--North of the Salmon, Dolly Residents of the
latitude of the northern- Varden, trout, City of Kasaan and
most tip of Chasina Point smelt and eulachon. in the drainage of
and west of a line from the the southeastern
northern-most tip of shore of the Kasaan
Chasina Point to the Peninsula west of
eastern-most tip of 132 deg. 20' W.
Grindall Island to the long. and east of
eastern-most tip of the 132 deg. 25' W.
Kasaan Peninsula. long.
District 3--Section 3-A..... Salmon, Dolly Residents of the
Varden, trout, townsite of
smelt and eulachon. Hydaburg.
District 3--Section A....... Halibut and Residents of
bottomfish. Southeast Area.
District 3--Section 3-B in Salmon, Dolly Residents of the
waters east of a line from Varden, trout, City of Klawock and
Point Ildefonso to Tranquil smelt and eulachon. on Prince of Wales
Point. Island within the
boundaries of the
Klawock Heenya
Corporation land
holdings as they
exist in January
1989, and those
residents of the
City of Craig and
on Prince of Wales
Island within the
boundaries of the
Shan Seet
Corporation land
holdings as they
exist in January
1989.
District 3--Section 3-C in Salmon, Dolly Residents of the
waters of Sarkar Lakes. Varden, trout, City of Klawock and
smelt and eulachon. on Prince of Wales
Island within the
boundaries of the
Klawock Heenya
Corporation land
holdings as they
exist in January
1989, and those
residents of the
City of Craig and
on Prince of Wales
Island within the
boundaries of the
Shan Seet
Corporation land
holdings as they
exist in January
1989.
District 5--North of a line Salmon, Dolly Residents of the
from Point Barrie to Varden, trout, City of Kake and in
Boulder Point. smelt and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
boat harbor.
District 9--Section 9-A..... Salmon, Dolly Residents of the
Varden, trout, City of Kake and in
smelt and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
boat harbor.
District 9--Section 9-B Salmon, Dolly Residents of the
north of the latitude of Varden, trout, City of Kake and in
Swain Point. smelt and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
boat harbor.
District 10--West of a line Salmon, Dolly Residents of the
from Pinta Point to False Varden, trout, City of Kake and in
Point Pybus. smelt and eulachon. Kupreanof Island
drainages emptying
into Keku Strait
south of Point
White and north of
the Portage Bay
boat harbor.
District 12--South of a line Salmon, Dolly Residents of the
from Fishery Point to south Varden, trout, City of Angoon and
Passage Point and north of smelt and eulachon. along the western
the latitude of Point shore of Admiralty
Caution. Island north of the
latitude of Sand
Island, south of
the latitude of
Thayer Creek, and
west of 134 deg.
30' W. long.,
including Killisnoo
Island.
District 13--Section 13-A Salmon, Dolly Residents of the
south of the latitude of Varden, trout, City and Borough of
Cape Edward. smelt and eulachon. Sitka in drainages
which empty into
Section 13-B north
of the latitude of
Dorothy Narrows.
District 13--Section 13-B Salmon, Dolly Residents of the
north of the latitude of Varden, trout, City and Borough of
Redfish Cape. smelt and eulachon. Sitka in drainages
which empty into
Section 13-B north
of the latitude of
Dorothy Narrows.
District 13--Section 13-C... Salmon, Dolly Residents of the
Varden, trout, City and Borough of
smelt and eulachon. Sitka in drainages
which empty into
Section 13-B north
of the latitude of
Dorothy Narrows.
District 13--Section 13-C Salmon, Dolly Residents of the
east of the longitude of Varden, trout, City of Angoon and
Point Elizabeth. smelt and eulachon. along the western
shore of Admiralty
Island north of the
latitude of Sand
Island, south of
the latitude of
Thayer Creek, and
west of 134 deg.
30' W. long.,
including Killisnoo
Island.
District 14--Section 14-B Salmon, Dolly Residents of the
and 14-C. Varden, trout, City of Hoonah and
smelt and eulachon. in Chichagof Island
drainages on the
eastern shore of
Port Frederick from
Gartina Creek to
Point Sophia.
Bering Sea area............. All shellfish....... Residents of the
Bearing Sea Area.
Alaska Peninsula-Aleutian Shrimp, Dungeness, Residents of the
Islands area. King, and Tanner Alaska Peninsula-
crab. Aleutian Islands
Area.
Kodiak area................. Shrimp, Dungeness, Residents of the
and Tanner crab. Kodiak Area.
Kodiak Area, except for the King crab........... Residents of the
Semidi Island, the North Kodiak Island
Mainland, and the South Borough except
Mainland Sections. those residents on
the Kodiak Coast
Guard base.
Prince William Sound area... Shrimp, clams, Residents of the
Dungeness, King, Prince William
and Tanner crab. Sound Area.
[[Page 5203]]
Southeastern Alaska-Yakutat Shellfish, except Residents of the
Area--Section 1-E south of shrimp, King crab, Southeast Area.
the latitude of Grant and Tanner crab.
Island light.
Section 1-F north of the Shellfish, except Residents of the
latitude of the shrimp, King crab, Southeast Area.
northernmost tip of Mary and Tanner crab.
Island, except waters of
Boca de Quadra.
Section 3-A and 3-B......... Shellfish, except Residents of the
shrimp, King crab, Southeast Area.
and Tanner crab.
District 13................. Dungeness crab, Residents of the
shrimp, abalone, Southeast Area.
sea cucumbers, gum
boots, cockles, and
clams, except
geoducks.
------------------------------------------------------------------------
Subpart D--Subsistence Taking of Fish and Wildlife
3. We propose to amend subpart D of 36 CFR part 242 and 50 CFR part
100, by revising Secs. __.26 and __.27 to read as follows:
Sec. __.26 Subsistence taking of fish.
(a) Applicability. (1) Regulations in this section apply to the
taking of fish or their parts for subsistence uses.
(2) You may take fish for subsistence uses at any time by any
method unless you are restricted by the subsistence fishing regulations
found in this section. The harvest limit specified in this section for
a subsistence season for a species and the State harvest limit set for
a State season for the same species are not cumulative. This means that
if you have taken the harvest limit for a particular species under a
subsistence season specified in this section, you may not after that,
take any additional fish of that species under any other harvest limit
specified for a State season.
(b) Definitions. The following definitions shall apply to all
regulations contained in this section and Sec. ____.27:
Abalone Iron means a flat device which is used for taking abalone
and which is more than one inch (24 mm) in width and less than 24
inches (610 mm) in length, with all prying edges rounded and smooth.
ADF&G means the Alaska Department of Fish and Game.
Anchor means a device used to hold a fishing vessel or net in a
fixed position relative to the beach; this includes using part of the
seine or lead, a ship's anchor, or being secured to another vessel or
net that is anchored.
Beach seine means a floating net which is designed to surround fish
and is set from and hauled to the beach.
Cast net means a circular net with a mesh size of no more than one
and one-half inches and weights attached to the perimeter which, when
thrown, surrounds the fish and closes at the bottom when retrieved.
Char means the following species: Arctic char (Salvelinus alpinis);
lake trout (Salvelinus namaycush); brook trout (Salvelinus fontinalis),
and Dolly Varden (Salvelinus malma).
Crab means the following species: red king crab (Paralithodes
camshatica); blue king crab (Paralithodes platypus); brown king crab
(Lithodes aequispina); Lithodes couesi; all species of tanner or snow
crab (Chionoecetes spp.); and Dungeness crab (Cancer magister).
Depth of net means the perpendicular distance between cork line and
lead line expressed as either linear units of measure or as a number of
meshes, including all of the web of which the net is composed.
Dip net means a bag-shaped net supported on all sides by a rigid
frame; the maximum straight-line distance between any two points on the
net frame, as measured through the net opening, may not exceed five
feet; the depth of the bag must be at least one-half of the greatest
straight-line distance, as measured through the net opening; no portion
of the bag may be constructed of webbing that exceeds a stretched
measurement of 4.5 inches; the frame must be attached to a single rigid
handle and be operated by hand.
Diving Gear means any type of hard hat or skin diving equipment,
including SCUBA equipment, a tethered, umbilical, surface-supplied, or
snorkel.
Drainage means all of the waters comprising a watershed including
tributary rivers, streams, sloughs, ponds and lakes which contribute to
the water supply of the watershed.
Drift gillnet means a drifting gillnet that has not been
intentionally staked, anchored or otherwise fixed.
Fishwheel means a fixed, rotating device, with no more than four
baskets on a single axle, for catching fish which is driven by river
current or other means.
Freshwater of streams and rivers means the line at which freshwater
is separated from saltwater at the mouth of streams and rivers by a
line drawn between the seaward extremities of the exposed tideland
banks at the present stage of the tide.
Fyke net means a fixed, funneling (fyke) device used to entrap
fish.
Gear means any type of fishing apparatus.
Gillnet means a net primarily designed to catch fish by
entanglement in a mesh that consists of a single sheet of webbing which
hangs between cork line and lead line, and which is fished from the
surface of the water.
Grappling hook means a hooked device with flukes or claws, which is
attached to a line and operated by hand.
Groundfish or bottomfish means any marine fish except halibut,
osmerids, herring and salmonids.
Hand purse seine means a floating net which is designed to surround
fish and which can be closed at the bottom by pursing the lead line;
pursing may only be done by hand power, and a free-running line through
one or more rings attached to the lead line is not allowed.
Handline means a hand-held and operated line, with one or more
hooks attached.
Harvest limit means the maximum legal take per person or designated
group, per specified time period, in the area in which the person is
fishing, even if part or all of the fish are preserved. A fish, when
landed and killed becomes part of the harvest limit of the person
originally hooking it.
Herring pound means an enclosure used primarily to contain live
herring over extended periods of time.
Household means a person or persons having the same residence.
Hung measure means the maximum length of the cork line when
measured wet or dry with traction applied at one end only.
Hydraulic clam digger means a device using water or a combination
of air and water to remove clams from their environment.
Jigging gear means a line or lines with lures or baited hooks,
drawn through the water by hand, and which are operated during periods
of ice cover from holes cut in the ice, or from shore ice and which are
drawn through the water by hand.
Lead means either a length of net employed for guiding fish into a
seine, set gillnet, or other length of net, or a
[[Page 5204]]
length of fencing employed for guiding fish into a fishwheel, fyke net
or dip net.
Legal limit of fishing gear means the maximum aggregate of a single
type of fishing gear permitted to be used by one individual or boat, or
combination of boats in any particular regulatory area, district or
section.
Long line means either a stationary, buoyed, or anchored line, or a
floating, free-drifting line with lures or baited hooks attached.
Mechanical clam digger means a mechanical device used or capable of
being used for the taking of clams.
Mechanical jigging machine means a mechanical device with line and
hooks used to jig for halibut and bottomfish, but does not include hand
gurdies or rods with reels.
Mile means a nautical mile when used in reference to marine waters
or a statute mile when used in reference to fresh water.
Possession limit means the maximum number of fish a person or
designated group may have in possession if the fish have not been
canned, salted, frozen, smoked, dried, or otherwise preserved so as to
be fit for human consumption after a 15 day period.
Pot means a portable structure designed and constructed to capture
and retain live fish and shellfish in the water.
Purse seine means a floating net which is designed to surround fish
and which can be closed at the bottom by means of a free-running line
through one or more rings attached to the lead line.
Ring net means a bag-shaped net suspended between no more than two
frames; the bottom frame may not be larger in perimeter than the top
frame; the gear must be nonrigid and collapsible so that free movement
of fish or shellfish across the top of the net is not prohibited when
the net is employed.
Rockfish means all species of the genus Sebastes.
Rod and reel means either a device upon which a line is stored on a
fixed or revolving spool and is deployed through guides mounted on a
flexible pole, or a line that is attached to a pole.
Salmon means the following species: pink salmon (Oncorhynchus
gorbuscha); sockeye salmon (Oncorhynchus nerka); chinook salmon
(Oncorhynchus tshawytscha); coho salmon (Oncorhynchus kisutch); and
chum salmon (Oncorhynchus keta).
Salmon stream means any stream used by salmon for spawning or for
traveling to a spawning area.
Salmon stream terminus means a line drawn between the seaward
extremities of the exposed tideland banks of any salmon stream at mean
lower low water.
Scallop dredge means a dredge-like device designed specifically for
and capable of taking scallops by being towed along the ocean floor.
Sea urchin rake means a hand-held implement, no longer than four
feet, equipped with projecting prongs used to gather sea urchins.
Set gillnet means a gillnet that has been intentionally set,
staked, anchored, or otherwise fixed.
Shovel means a hand-operated implement for digging clams or
cockles.
Spear means a shaft with a sharp point or fork-like implement
attached to one end which is used to thrust through the water to impale
or retrieve fish and which is operated by hand.
Stretched measure means the average length of any series of 10
consecutive meshes measured from inside the first knot and including
the last knot when wet; the 10 meshes, when being measured, shall be an
integral part of the net, as hung, and measured perpendicular to the
selvages; measurements shall be made by means of a metal tape measure
while the 10 meshes being measured are suspended vertically from a
single peg or nail, under five-pound weight.
Subsistence fishing permit means a permit issued by the Alaska
Department of Fish and Game, unless specifically identified otherwise.
To operate fishing gear means any of the following: to deploy gear
in the water; to remove gear from the water; to remove fish or
shellfish from the gear during an open season or period; or to possess
a gillnet containing fish during an open fishing period, except that a
gillnet which is completely clear of the water is not considered to be
operating for the purposes of minimum distance requirement.
Trawl means a bag-shaped net towed through the water to capture
fish or shellfish, and includes beam, otter, or pelagic trawl.
Troll gear means a power gurdy troll gear consisting of a line or
lines with lures or baited hooks which are drawn through the water by a
power gurdy; hand troll gear consisting of a line or lines with lures
or baited hooks which are drawn through the water from a vessel by hand
trolling, strip fishing or other types of trolling, and which are
retrieved by hand power or hand-powered crank and not by any type of
electrical, hydraulic, mechanical or other assisting device or
attachment; or dinglebar troll gear consisting of one or more lines,
retrieved and set with a troll gurdy or hand troll gurdy, with a
terminally attached weight from which one or more leaders with one or
more lures or baited hooks are pulled through the water while a vessel
is making way.
Trout means the following species: cutthroat trout (Oncorhynchus
clarki) and rainbow trout or steelhead trout (Oncorhynchus mykiss).
(c) Methods, means, and general restrictions. (1) Unless otherwise
specified in this section or under terms of a required subsistence
fishing permit, you may use the following legal types of gear for
subsistence fishing:
(i) A set gillnet;
(ii) A drift gillnet;
(iii) A purse seine;
(iv) A hand purse seine;
(v) A beach seine;
(vi) Troll gear;
(vii) A fish wheel;
(viii) A trawl;
(ix) A pot;
(x) A ring net;
(xi) A longline;
(xii) A fyke net;
(xiii) A lead;
(xiv) A herring pound;
(xv) A dip net;
(xvi) Jigging gear;
(xvii) A mechanical jigging machine;
(xviii) A handline;
(xix) A shovel;
(xx) A mechanical clam digger;
(xxi) A hydraulic clam digger;
(xxii) An abalone iron;
(xxiii) A scallop dredge;
(xxiv) A grappling hook;
(xxv) A sea urchin rake;
(xxvi) Diving gear;
(xxvii) A cast net;
(xxviii) A handline;
(xxix) A rod and reel; and
(xxx) A spear.
(2) You must include an escape mechanism on all pots used to take
fish or shellfish. The escape mechanisms are as follows:
(i) A sidewall, which may include the tunnel, of all shellfish and
bottomfish pots must contain an opening equal to or exceeding 18 inches
in length, except that in shrimp pots the opening must be a minimum of
six inches in length. The opening must be laced, sewn, or secured
together by a single length of untreated, 100 percent cotton twine, no
larger than 30 thread. The cotton twine may be knotted at each end
only. The opening must be within six inches of the bottom of the pot
and must be parallel with it. The cotton twine may not be tied or
looped around the web bars. Dungeness crab pots may have the pot lid
tie-down straps secured to the pot at one end by a single loop of
untreated, 100 percent cotton twine no larger than 60 thread, or the
pot lid must be secured so that, when the twine degrades, the lid will
no longer be securely closed;
[[Page 5205]]
(ii) All king crab, Tanner crab, shrimp, miscellaneous shellfish
and bottomfish pots may, instead of complying with (i) of this
paragraph, satisfy the following: a sidewall, which may include the
tunnel, must contain an opening at least 18 inches in length, except
that shrimp pots must contain an opening at least six inches in length.
The opening must be laced, sewn, or secured together by a single length
of treated or untreated twine, no larger than 36 thread. A galvanic
timed release device, designed to release in no more than 30 days in
salt water, must be integral to the length of twine so that, when the
device releases, the twine will no longer secure or obstruct the
opening of the pot. The twine may be knotted only at each end and at
the attachment points on the galvanic timed release device. The opening
must be within six inches of the bottom of the pot and must be parallel
with it. The twine may not be tied or looped around the web bars.
(3) For subsistence fishing for salmon, you may not use a gillnet
exceeding 50 fathoms in length, unless otherwise specified in this
section. The gillnet web must contain at least 30 filaments of equal
diameter or at least 6 filaments, each of which must be at least 0.20
millimeter in diameter.
(4) You may not obstruct more than one-half the width of any stream
with any gear used to take fish for subsistence uses. You may not
obstruct more than one-half the width of any stream with any stationary
fishing.
(5) You may not use live non-indigenous fish as bait.
(6) You must have your first initial, last name, and address
plainly and legibly inscribed on the side of your fishwheel facing
midstream of the river.
(7) You may use kegs or buoys of any color but red on any permitted
gear.
(8) You must have your first initial, last name, and address
plainly and legibly inscribed on each keg, buoy, stakes attached to
gillnets, stakes identifying gear fished under the ice, and any other
unattended fishing gear which you use to take fish for subsistence
uses.
(9) You may not use explosives or chemicals to take fish for
subsistence uses.
(10) You may not take fish for subsistence uses within 300 feet of
any dam, fish ladder, weir, culvert or other artificial obstruction,
unless otherwise indicated.
(11) The limited exchange for cash of subsistence-harvested fish,
their parts, or their eggs, legally taken under Federal subsistence
management regulations to support personal and family needs is
permitted as customary trade, so long as it does not constitute a
significant commercial enterprise. The Board may recognize regional
differences and define customary trade differently for separate regions
of the State.
(12) Individuals, businesses, or organizations may not purchase
subsistence-taken fish, their parts, or their eggs for use in, or
resale to, a significant commercial enterprise.
(13) Individuals, businesses, or organizations may not receive
through barter subsistence-taken fish, their parts or their eggs for
use in, or resale to, a significant commercial enterprise.
(14) Except as provided elsewhere in this section, you may not take
rainbow trout or steelhead trout.
(15) You may not use as bait for commercial or sport fishing
purposes fish taken for subsistence use or under subsistence
regulations.
(16) You may not accumulate harvest limits authorized in this
section or Sec. __.27 with harvest limits authorized under State
regulations.
(17) Unless specified otherwise in this section, you may use a rod
and reel to take fish without a subsistence fishing permit. Harvest
limits applicable to the use of a rod and reel to take fish for
subsistence uses shall be as follows:
(i) If you are required to obtain a subsistence fishing permit for
an area, that permit is required to take fish for subsistence uses with
rod and reel in that area. The harvest and possessions limits for
taking fish with a rod and reel in those areas are the same as
indicated on the permit issued for subsistence fishing with other gear
types;
(ii) If you are not required to obtain a subsistence fishing permit
for an area, the harvest and possession limits for taking fish for
subsistence uses with a rod and reel is the same as for taking fish
under State of Alaska subsistence fishing regulations in those same
areas. If the State does not have a specific subsistence season for
that particular species, the limit shall be the same as for taking fish
under State of Alaska sport fishing regulations.
(18) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish for
subsistence uses at any time.
(19) You may not intentionally waste or destroy any subsistence-
caught fish or shellfish; however, you may use for bait or other
purposes, whitefish, herring, and species for which bag limits,
seasons, or other regulatory methods and means are not provided in this
section, as well as the head, tail, fins, and viscera of legally-taken
subsistence fish.
(d) Fishing by designated harvest permit. (1) Any species of fish
that may be taken by subsistence fishing under this part may be taken
under a designated harvest permit.
(2) If you are a Federally-qualified subsistence user, you
(beneficiary) may designate another Federally-qualified subsistence
user to take fish on your behalf. The designated fisherman must obtain
a designated harvest permit prior to attempting to harvest fish and
must return a completed harvest report. The designated fisherman may
fish for any number of beneficiaries but may have no more than two
harvest limits in his/her possession at any one time.
(3) The designated fisherman must have in possession a valid
designated fishing permit when taking, attempting to take, or
transporting fish taken under this section, on behalf of a beneficiary.
(4) The designated fisherman may not fish with more than one legal
limit of gear.
(5) You may not designate more than one person to take or attempt
to take fish on your behalf at one time. You may not personally take or
attempt to take fish at the same time that a designated fisherman is
taking or attempting to take fish on your behalf.
(e) Fishing permits and reports. (1) You may take salmon only under
the authority of a subsistence fishing permit, unless a permit is
specifically not required in a particular area by the subsistence
regulations in this part, or unless you are retaining salmon from your
commercial catch consistent with paragraph (f) of this section.
(2) If a subsistence fishing permit is required by this section,
the following permit conditions apply unless otherwise specified in
this section:
(i) You may not take more fish for subsistence use than the limits
set out in the permit;
(ii) You must obtain the permit prior to fishing;
(iii) You must have the permit in your possession and readily
available for inspection while fishing or transporting subsistence-
taken fish;
(iv) If specified on the permit, you shall keep accurate daily
records of the catch, showing the number of fish taken by species,
location and date of catch, and other such information as may be
required for management or conservation purposes; and
(v) If the return of catch information necessary for management and
conservation purposes is required by a fishing permit and you fail to
comply with such reporting requirements, you are ineligible to receive
a subsistence permit for that activity during the following calendar
year, unless you
[[Page 5206]]
demonstrate that failure to report was due to loss in the mail,
accident, sickness, or other unavoidable circumstances.
(f) Relation to commercial fishing activities. (1) If you are a
Federally-qualified subsistence user who also commercial fishes, you
may retain fish for subsistence purposes from your lawfully-taken
commercial catch.
(2) When participating in a commercial and subsistence fishery at
the same time, you may not use an amount of combined fishing gear in
excess of that allowed under the appropriate commercial fishing
regulations.
(g) You may not possess, transport, give, receive or barter
subsistence-taken fish or their parts which have been taken contrary to
Federal law or regulation or State law or regulation (unless superseded
by regulations in this part).
(h) [Reserved].
(i) Fishery management area restrictions. (1) Kotzebue Area. The
Kotzebue Area includes all waters of Alaska between the latitude of the
westernmost tip of Point Hope and the latitude of the westernmost tip
of Cape Prince of Wales, including those waters draining into the
Chukchi Sea.
(i) You may take fish for subsistence purposes without a permit.
(ii) You may take salmon only by gillnets, beach seines, or a rod
and reel.
(iii) In the Kotzebue District, you may take sheefish with gillnets
that are not more than 50 fathoms in length, nor more than 12 meshes in
depth, nor have a mesh size larger than 7 inches.
(iv) You may not subsistence fish for char from June 1 through
September 20, in the Noatak River one mile upstream and one mile
downstream from the mouth of the Kelly River, and in the Kelly River
from its mouth to \1/4\ mile upstream.
(2) Norton Sound-Port Clarence Area. The Norton Sound-Port Clarence
Area includes all waters of Alaska between the latitude of the
westernmost tip of Cape Prince of Wales and the latitude of Canal Point
light, including those waters of Alaska surrounding St. Lawrence Island
and those waters draining into the Bering Sea.
(i) In the Port Clarence District, you may take fish at any time
except as specified by emergency regulation.
(ii) In the Norton Sound District, you may take fish at any time
except as follows:
(A) In Subdistricts 2 through 6, if you are a commercial fishermen,
you may not fish for subsistence purposes during the weekly closures of
the commercial salmon fishing season, except that from July 15 through
August 1, you may take salmon for subsistence purposes seven days per
week in the Unalakleet and Shaktoolik River drainages with gillnets
which have a mesh size that does not exceed 4\1/2\ inches, and with
beach seines;
(B) In the Unalakleet River from June 1 through July 15, you may
take salmon only from 8:00 a.m. Monday until 8:00 p.m. Saturday;
(C) In Subdistricts 1-3, you may take salmon other than chum salmon
by beach seine during periods established by emergency regulations.
(iii) You may take salmon only by gillnets, beach seines,
fishwheel, or a rod and reel.
(iv) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, jigging
gear, spear, lead, or a rod and reel.
(v) In the Unalakleet River from June 1 through July 15, you may
not operate more than 25 fathoms of gillnet in the aggregate nor may
you operate an unanchored fishing net.
(vi) You may take fish for subsistence purposes without a
subsistence fishing permit except that a subsistence fishing permit is
required in the Norton Sound District: for net fishing in all waters
from Cape Douglas to Rocky Point.
(vii) Only one subsistence fishing permit will be issued to each
household per year.
(3) Yukon-Northern Area. The Yukon-Northern Area includes all
waters of Alaska between the latitude of Canal Point Light and the
latitude of the westernmost point of the Naskonat Peninsula, including
those waters draining into the Bering Sea, and all waters of Alaska
north of the latitude of the westernmost tip of Point Hope and west of
141 deg. W. long., including those waters draining into the Arctic
Ocean and the Chukchi Sea.
(i) Unless otherwise restricted in this section, you may take
salmon in the Yukon-Northern Area at any time.
(ii) In the following locations, you may take salmon only during
the open weekly fishing periods of the commercial salmon fishing season
and may not take them for 24 hours before the opening of the commercial
salmon fishing season:
(A) District 4, excluding the Koyukuk River drainage;
(B) in Subdistricts 4-B and 4-C from June 15 through September 30,
salmon may be taken from 6:00 p.m. Sunday until 6:00 p.m. Tuesday and
from 6:00 p.m. Wednesday until 6:00 p.m. Friday;
(C) District 6, excluding the Kantishna River drainage, salmon may
be taken from 6:00 p.m. Friday until 6:00 p.m. Wednesday.
(iii) During any commercial salmon fishing season closure of
greater than five days in duration, you may not take salmon during the
following periods in the following districts:
(A) In District 4, excluding the Koyukuk River drainage, salmon may
not be taken from 6:00 p.m. Friday until 6:00 p.m. Sunday;
(B) In District 5, excluding the Tozitna River drainage and
Subdistrict 5-D, salmon may not be taken from 6:00 p.m. Sunday until
6:00 p.m. Tuesday.
(iv) Except as provided in this section, and except as may be
provided by the terms of a subsistence fishing permit, you may take
fish other than salmon at any time.
(v) In Districts 1, 2, 3, and Subdistrict 4-A, excluding the
Koyukuk and Innoko River drainages, you may not take salmon for
subsistence purposes during the 24 hours immediately before the opening
of the commercial salmon fishing season.
(vi) In Districts 1, 2, and 3:
(A) After the opening of the commercial salmon fishing season
through July 15, you may not take salmon for subsistence for 18 hours
immediately before, during, and for 12 hours after each commercial
salmon fishing period;
(B) After July 15, you may not take salmon for subsistence for 12
hours immediately before, during, and for 12 hours after each
commercial salmon fishing period.
(vii) In Subdistrict 4-A after the opening of the commercial salmon
fishing season, you may not take salmon for subsistence for 12 hours
immediately before, during, and for 12 hours after each commercial
salmon fishing period; however, you may take king salmon during the
commercial fishing season, with drift gillnet gear only, from 6:00 p.m.
Sunday until 6:00 p.m. Tuesday and from 6:00 p.m. Wednesday until 6:00
p.m. Friday.
(viii) In the upper Yukon River drainage, you may not subsistence
fish in Birch Creek and waters within 500 feet of its mouth, except
that you may take whitefish and suckers under the authority of a
subsistence fishing permit.
(ix) You may not subsistence fish in the following drainages
located north of the main Yukon River:
(A) Kanuti River upstream from a point five miles downstream of the
state highway crossing;
(B) Bonanza Creek;
(C) Jim River including Prospect and Douglas Creeks; and
[[Page 5207]]
(D) North Fork of the Chandalar River system upstream from the
mouth of Quartz Creek.
(x) You may not subsistence fish in the Delta River.
(xi) You may not subsistence fish in the following rivers and
creeks and within 500 feet of their mouths: Big Salt River, Hess Creek,
and Beaver Creek.
(xii) You may not subsistence fish in the Deadman, Jan, Fielding,
and Two-Mile Lakes.
(xiii) You may not subsistence fish in the Toklat River drainage
from August 15 through May 15.
(xiv) You may take salmon only by gillnet, beach seine, fish wheel,
or rod and reel, subject to the restrictions set forth in this section.
(xv) In District 4, if you are a commercial fisherman, you may not
take salmon for subsistence purposes during the commercial salmon
fishing season using gillnets with mesh larger than six-inches after a
date specified by ADF&G emergency order issued between July 10 and July
31.
(xvi) In Districts 4, 5, and 6, you may not take salmon for
subsistence purposes by drift gillnets, except as follows:
(A) In Subdistrict 4-A upstream from the mouth of Stink Creek, you
may take king salmon by drift gillnets less than 150 feet in length
from June 10 through July 14, and chum salmon by drift gillnets after
August 2;
(B) In Subdistrict 4-A downstream from the mouth of Stink Creek,
you may take king salmon by drift gillnets less than 150 feet in length
from June 10 through July 14.
(xvii) Unless otherwise specified in this section, you may take
fish other than salmon and halibut by set gillnet, drift gillnet, beach
seine, fish wheel, long line, fyke net, dip net, jigging gear, spear,
lead, or rod and reel, subject to the following restrictions, which
also apply to subsistence salmon fishing:
(A) During the open weekly fishing periods of the commercial salmon
fishing season, if you are a commercial fisherman, you may not operate
more than one type of gear at a time, for commercial, personal use, and
subsistence purposes;
(B) You may not use an aggregate length of set gillnet in excess of
150 fathoms and each drift gillnet may not exceed 50 fathoms in length;
and
(C) In Districts 4, 5, and 6, you may not set subsistence fishing
gear within 200 feet of other operating commercial, personal use, or
subsistence fishing gear except that, at the site approximately one
mile upstream from Ruby on the south bank of the Yukon River between
ADF&G regulatory markers containing the area known locally as the
``Slide,'' you may set subsistence fishing gear within 200 feet of
other operating commercial or subsistence fishing gear and in District
4, from Old Paradise Village upstream to a point four miles upstream
from Anvik, there is no minimum distance requirement between fish
wheels.
(xviii) During the commercial salmon fishing season, within the
Yukon River and the Tanana River below the confluence of the Wood
River, you may use drift gillnets and fish wheels only during open
subsistence salmon fishing periods.
(xix) In District 4, from September 21 through May 15, you may use
jigging gear from shore ice.
(xx) Except as provided in this section, you may take fish for
subsistence purposes without a subsistence fishing permit.
(xxi) You must possess a subsistence fishing permit for the
following locations:
(A) For the Yukon River drainage from the mouth of Hess Creek to
the mouth of the Dall River;
(B) For the Yukon River drainage from the upstream mouth of 22 Mile
Slough to the U.S.-Canada border;
(C) For whitefish and suckers in Birch Creek and within 500 feet of
its mouth;
(D) For the Tanana River drainage above the mouth of the Wood
River.
(xxii) Only one subsistence fishing permit will be issued to each
household per year.
(xxiii) In Districts 1, 2, and 3, you may not possess king salmon
taken for subsistence purposes unless the dorsal fin has been removed
immediately after landing.
(xxiv) If you are a commercial salmon fisherman who is registered
for District 1, 2, or 3, you may not take salmon for subsistence
purposes in any other district located downstream from Old Paradise
Village.
(4) Kuskokwim Area. The Kuskokwim Area consists of all waters of
Alaska between the latitude of the westernmost point of Naskonat
Peninsula and the latitude of the southernmost tip of Cape Newenham,
including the waters of Alaska surrounding Nunivak and St. Matthew
Islands and those waters draining into the Bering Sea.
(i) Unless otherwise restricted in this section, you may take fish
in the Kuskokwim Area at any time without a subsistence fishing permit.
(ii) In District 1 and in those waters of the Kuskokwim River
between Districts 1 and 2, excluding the Kuskokuak Slough, you may not
take salmon for 16 hours before, during, and for six hours after, each
open commercial salmon fishing period for District 1.
(iii) In District 1, Kuskokuak Slough only from June 1 through July
31, you may not take salmon for 16 hours before and during each open
commercial salmon fishing period in the district.
(iv) In Districts 4 and 5, from June 1 through September 8, you may
not take salmon for 16 hours before, during, and 6 hours after each
open commercial salmon fishing period in each district.
(v) In District 2, and anywhere in tributaries that flow into the
Kuskokwim River within that district, from June 1 through September 8
you may not take salmon for 16 hours before, during, and six hours
after each open commercial salmon fishing period in the district.
(vi) You may not take subsistence fish by nets in the Goodnews
River east of a line between ADF&G regulatory markers placed near the
mouth of the Ufigag River and an ADF&G regulatory marker placed near
the mouth of the Tunulik River 16 hours before, during, and six hours
after each open commercial salmon fishing period.
(vii) You may not take subsistence fish by nets in the Kanektok
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before, during, and six hours after each open commercial salmon
fishing period.
(viii) You may not take subsistence fish by nets in the Arolik
River upstream of ADF&G regulatory markers placed near the mouth 16
hours before, during, and six hours after each open commercial salmon
fishing period.
(ix) You may take salmon only by gillnet, beach seine, fish wheel,
or rod and reel subject to the restrictions set out in this section,
except that you may also take salmon by spear in the Holitna, Kanektok,
and Arolik River drainages, and in the drainage of Goodnews Bay.
(x) You may not use an aggregate length of set gillnets or drift
gillnets in excess of 50 fathoms for taking salmon.
(xi) You may take fish other than salmon by set gillnet, drift
gillnet, beach seine, fish wheel, pot, long line, fyke net, dip net,
jigging gear, spear, lead, or rod and reel.
(xii) You must attach to the bank each subsistence gillnet operated
in tributaries of the Kuskokwim River and fish it substantially
perpendicular to the bank and in a substantially straight line.
(xiii) Within a tributary to the Kuskokwim River in that portion of
the Kuskokwim River drainage from the north end of Eek Island upstream
to the mouth of the Kolmakoff River, you may not set or operate any
part of a set gillnet within 150 feet of any part of another set
gillnet.
[[Page 5208]]
(xiv) The maximum depth of gillnets is as follows:
(A) Gillnets with six-inch or smaller mesh may not be more than 45
meshes in depth;
(B) Gillnets with greater than six-inch mesh may not be more than
35 meshes in depth.
(xv) You may take halibut only by a single hand-held line with no
more than two hooks attached to it.
(xvi) You may not use subsistence set and drift gillnets exceeding
15 fathoms in length in Whitefish Lake in the Ophir Creek drainage. You
may not operate more than one subsistence set or drift gillnet at a
time in Whitefish Lake in the Ophir Creek drainage. You must check the
net at least once every 24 hours.
(xvii) Rainbow trout may be taken by residents of Goodnews Bay,
Platinum, Quinhagak, Eek, Kwethluk, Akiachak, and Akiak, subject to the
following restrictions:
(A) You may take rainbow trout only by the use of gillnets, rod and
reel, or jigging through the ice;
(B) You may not use gillnets for taking rainbow trout from March
15--June 15;
(C) If you take rainbow trout incidentally in other subsistence net
fisheries and through the ice, you may retain them for subsistence
purposes.
(5) Bristol Bay Area. The Bristol Bay Area includes all waters of
Bristol Bay including drainages enclosed by a line from Cape Newenham
to Cape Menshikof.
(i) Unless restricted in this section, or unless under the terms of
a subsistence fishing permit, you may take fish at any time in the
Bristol Bay area.
(ii) In all commercial salmon districts, from May 1 through May 31
and October 1 through October 31, you may subsistence fish for salmon
only from 9:00 a.m. Monday until 9:00 a.m. Friday. From June 1 through
September 30, within the waters of a commercial salmon district, you
may take salmon only during open commercial salmon fishing periods.
(iii) In the Egegik River from 9:00 a.m. June 23 through 9:00 a.m.
July 17, you may take salmon only from 9:00 a.m. Tuesday to 9:00 a.m.
Wednesday and 9:00 a.m. Saturday to 9:00 a.m. Sunday.
(iv) You may not take fish from waters within 300 feet of a stream
mouth used by salmon.
(v) You may not subsistence fish with nets in the Tazimina River
and within one-fourth mile of the terminus of those waters during the
period from September 1 through June 14.
(vi) Within any district, you may take salmon, herring, and capelin
only by drift and set gillnets.
(vii) Outside the boundaries of any district, you may take salmon
only by set gillnet, except that you may also take salmon as follows:
(A) By spear in the Togiak River excluding its tributaries;
(B) From August 30 through September 30, by spear, dip net, and
gillnet along a 100 yard length of the west shore of Naknek Lake near
the outlet to the Naknek River as marked by ADF&G regulatory markers;
(C) From August 15 through September 15, by spear, dip net, and
gillnet at Johnny's Lake on the northwestern side of Naknek Lake;
(D) From October 1 through November 15, by spear, dip net, and
gillnet at the mouth of Brooks River at Naknek Lake;
(E) At locations and times specified in paragraphs (i)(5)(vii) (B)
through (D) of this section, gillnets may not exceed five fathoms in
length and may not be anchored or tied to a stake or peg, and you must
be present at the net while fishing the net.
(viii) The maximum lengths for set gillnets used to take salmon are
as follows:
(A) You may not use set gillnets exceeding 10 fathoms in length in
the Egegik, River;
(B) In the remaining waters of the area, you may not use set
gillnets exceeding 25 fathoms in length.
(ix) You may not operate any part of a set gillnet within 300 feet
of any part of another set gillnet.
(x) You must stake and buoy each set gillnet. Instead of having the
identifying information on a keg or buoy attached to the gillnet, you
may plainly and legibly inscribe your first initial, last name, and
subsistence permit number on a sign at or near the set gillnet.
(xi) You may not operate or assist in operating subsistence salmon
net gear while simultaneously operating or assisting in operating
commercial salmon net gear.
(xii) During closed commercial herring fishing periods, you may not
use gillnets exceeding 25 fathoms in length for the subsistence taking
of herring or capelin.
(xiii) You may take fish other than salmon, herring, capelin, and
halibut by gear listed in this part unless restricted under the terms
of a subsistence fishing permit.
(xiv) You may take salmon and char only under authority of a
subsistence fishing permit.
(xv) Only one subsistence fishing permit may be issued to each
household per year.
(xvi) After August 20, you may not possess coho salmon for
subsistence purposes in the Togiak River section and the Togiak River
drainage unless the head has been immediately removed from the salmon.
(6) Aleutian Islands Area. The Aleutian Islands Area includes all
waters of Alaska west of the longitude of the tip of Cape Sarichef,
east of 172 deg. East longitude, and south of 54 deg. 36' North
latitude.
(i) You may take fish, other than salmon, rainbow trout, and
steelhead trout, at any time unless restricted under the terms of a
subsistence fishing permit. If you take rainbow trout and steelhead
trout incidentally in other subsistence net fisheries, you may retain
them for subsistence purposes.
(ii) In the Unalaska District, you may take salmon for subsistence
purposes from 6:00 a.m. until 9:00 p.m. from January 1 through December
31, except:
(A) That from June 1 through September 15, you may not use a salmon
seine vessel to take salmon for subsistence 24 hours before, during, or
24 hours after an open commercial salmon fishing period within a 50-
mile radius of the area open to commercial salmon fishing;
(B) That from June 1 through September 15, you may use a purse
seine vessel to take salmon only with a gillnet and you may not have
any other type of salmon gear on board the vessel while subsistence
fishing; or
(C) As may be specified on a subsistence fishing permit.
(iii) In the Adak, Akutan, Atka-Amilia, and Umnak Districts, you
may take salmon at any time.
(iv) You may not subsistence fish for salmon in the following
waters:
(A) The waters between Unalaska and Amaknak Islands, including
Margaret's Bay, west of a line from the ``Bishop's House'' at 53 deg.
52.64' N. lat., 166 deg. 32.30' W. long. to a point on Amaknak Island
at 53 deg. 52.82' N. lat., 166 deg. 32.13' W. long., and north of line
from a point south of Agnes Beach at 53 deg. 52.28' N. lat., 166 deg.
32.68' W. long. to a point at 53 deg. 52.35' N. lat., 166 deg. 32.95'
W. long. on Amaknak Island;
(B) Within Unalaska Bay south of a line from the northern tip of
Cape Cheerful to the northern tip of Kalekta Point, waters within 250
yards of any anadromous stream, except the outlet stream of Unalaska
Lake, which is closed under paragraph (i)(6)(iv)(A) of this section;
(C) Waters in Reese Bay from July 1 through July 9, within 500
yards of the outlet stream terminus to McLees Lake;
(D) All freshwater on Adak Island and Kagalaska Island in the Adak
District.
(v) You may take salmon by seine and gillnet, or with gear
specified on a subsistence fishing permit.
[[Page 5209]]
(vi) In the Unalaska District, if you fish with a net, you must be
physically present at the net at all times when the net is being used.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may take salmon, trout and char only under the terms of
a subsistence fishing permit, except that you do not require a permit
in the Akutan, Umnak and Atka-Amlia Islands Districts.
(ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit, except
that in the Unalaska and Adak Districts, you may take no more than 25
salmon plus an additional 25 salmon for each member of the your
household listed on the permit. You may obtain an additional permit.
(x) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(xi) The daily harvest limit for halibut is two fish and the
possession limit is two daily harvest limits. You may not possess
sport-taken and subsistence-taken halibut on the same day.
(7) Alaska Peninsula Area. The Alaska Peninsula Area includes all
Pacific Ocean waters of Alaska between a line extending southeast
(135 deg.) from the tip of Kupreanof Point and the longitude of the tip
of Cape Sarichef, and all Bering Sea waters of Alaska east of the
latitude of the tip of Cape Menshikof.
(i) You may take fish, other than salmon, rainbow trout, and
steelhead trout, at any time unless restricted under the terms of a
subsistence fishing permit. If you take rainbow trout and steelhead
trout incidentally in other subsistence net fisheries or through the
ice, you may retain them for subsistence purposes.
(ii) You may take salmon, trout and char only under the authority
of a subsistence fishing permit.
(iii) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(iv) You may take salmon at any time except within 24 hours before
and within 12 hours following each open weekly commercial salmon
fishing period within a 50-mile radius of the area open to commercial
salmon fishing, or as may be specified on a subsistence fishing permit.
(v) You may not subsistence fish for salmon in the following
waters:
(A) Russell Creek and Nurse Lagoon and within 500 yards outside the
mouth of Nurse Lagoon;
(B) Trout Creek and within 500 yards outside its mouth.
(vi) You may take salmon by seine, gillnet, rod and reel, or with
gear specified on a subsistence fishing permit.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may not use a set gillnet exceeding 100 fathoms in
length.
(ix) You may take halibut for subsistence purposes only by a single
handheld line with no more than two hooks attached.
(x) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on your subsistence fishing permit.
(xi) The daily harvest limit for halibut is two fish and the
possession limit is two daily harvest limits. You may not possess
sport-taken and subsistence-taken halibut on the same day.
(8) Chignik Area. The Chignik Area includes all waters of Alaska on
the south side of the Alaska Peninsula enclosed by 156 deg. 20.22' West
longitude (the longitude of the southern entrance to Imuya Bay near
Kilokak Rocks) and a line extending southeast (135 deg.) from the tip
of Kupreanof Point.
(i) You may take fish, other than rainbow trout and steelhead
trout, at any time, except as may be specified by a subsistence fishing
permit. If you take rainbow trout and steelhead trout incidentally in
other subsistence net fisheries, you may retain them for subsistence
purposes.
(ii) You may not take salmon in the Chignik River, upstream from
the ADF&G weir site or counting tower, in Black Lake, or any tributary
to Black and Chignik Lakes.
(iii) You may take salmon, trout and char only under the authority
of a subsistence fishing permit.
(iv) You must keep a record on the reverse side of the permit of
subsistence-caught fish. You must complete the record immediately upon
taking subsistence-caught fish and must return it no later than October
31.
(v) If you hold a commercial fishing license, you may not
subsistence fish for salmon from 48 hours before the first commercial
salmon fishing opening in the Chignik Area through September 30.
(vi) You may take salmon by seines, gillnets, rod and reel, or with
gear specified on a subsistence fishing permit, except that in Chignik
Lake you may not use purse seines.
(vii) You may take fish other than salmon by gear listed in this
part unless restricted under the terms of a subsistence fishing permit.
(viii) You may take halibut for subsistence purposes only by a
single handheld line with no more than two hooks attached.
(ix) You may take no more than 250 salmon for subsistence purposes
unless otherwise specified on the subsistence fishing permit.
(x) The daily harvest limit for halibut is two fish and the
possession limit is two daily harvest limits. You may not possess
sport-taken and subsistence-taken halibut on the same day.
(9) Kodiak Area. The Kodiak Area includes all waters of Alaska
south of a line extending east from Cape Douglas (58 deg. 51.10' N.
lat.), west of 150 deg. W. long., north of 55 deg. 30.00' N. lat.; and
east of the longitude of the southern entrance of Imuya Bay near
Kilokak Rocks (156 deg. 20.22' W. long.).
(i) You may take fish, other than salmon, rainbow trout and
steelhead trout, at any time unless restricted by the terms of a
subsistence fishing permit. If you take rainbow trout and steelhead
trout incidentally in other subsistence net fisheries, you may retain
them for subsistence purposes.
(ii) You may take salmon for subsistence purposes 24 hours a day
from January 1 through December 31, with the following exceptions:
(A) From June 1 through September 15, you may not use salmon seine
vessels to take subsistence salmon for 24 hours before, during, and for
24 hours after any open commercial salmon fishing period;
(B) From June 1 through September 15, you may use purse seine
vessels to take salmon only with gillnets and you may have no other
type of salmon gear on board the vessel.
(iii) You may not subsistence fish for salmon in the following
locations:
(A) All waters closed to commercial salmon fishing in the Chiniak
Bay and all waters closed to commercial salmon fishing within 100 yards
of the terminus of Selief Bay Creek and north and west of a line from
the tip of Last Point to the tip of River Mouth Point in Afognak Bay;
(B) From August 15 through September 30, all waters 500 yards
seaward of the terminus of Little Kitoi Creek;
(C) All freshwater systems of Afognak Island.
(iv) You must have a subsistence fishing permit for taking salmon,
trout,
[[Page 5210]]
and char for subsistence purposes. You must have a subsistence fishing
permit for taking herring and bottomfish for subsistence purposes
during the commercial herring sac roe season from April 15 through June
30.
(v) With a subsistence salmon fishing permit you may take 25 salmon
plus an additional 25 salmon for each member of your household whose
names are listed on the permit. You may obtain an additional permit if
you can show that more fish are needed.
(vi) You must keep a record of the number of subsistence fish taken
each year. You must record on the reverse side of the permit the number
of subsistence fish taken. You must complete the record immediately
upon landing subsistence-caught fish, and must return it by February 1
of the year following the year the permit was issued.
(vii) You may take fish other than salmon and halibut by gear
listed in this part unless restricted under the terms of a subsistence
fishing permit.
(viii) You may take salmon only by gillnet, rod and reel, or seine.
(ix) You must be physically present at the net when the net is
being fished.
(x) You may take halibut only by a single hand-held line with not
more than two hooks attached to it.
(xi) The daily harvest limit for halibut is two fish and the
possession limit is two daily harvest limits. You may not possess
sport-taken and subsistence-taken halibut on the same day.
(10) Cook Inlet Area. The Cook Inlet Area includes all waters of
Alaska enclosed by a line extending east from Cape Douglas (58 deg. 51'
06" N. lat.) and a line extending south from Cape Fairfield (148 deg.
50' 15" W. long.).
(i) Unless restricted in this section, or unless restricted under
the terms of a subsistence fishing permit, you may take fish, other
than rainbow trout and steelhead trout, at any time in the Cook Inlet
Area. If you take rainbow trout and steelhead trout incidentally in
other subsistence net fisheries or through the ice, you may retain them
for subsistence purposes.
(ii) You may not take salmon, Dolly Varden, trout, grayling, char,
and burbot for subsistence purposes.
(iii) You may only take smelt with dip nets or gillnets in fresh
water from April 1 through June 15. You may not use a gillnet exceeding
20 feet in length and two inches in mesh size. You must attend the net
at all times when it is being used. There are no harvest or possession
limits for smelt.
(iv) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit.
(11) Prince William Sound Area. The Prince William Sound Area
includes all waters of Alaska between the longitude of Cape Fairfield
and the longitude of Cape Suckling.
(i) Unless restricted in this section or unless restricted under
the terms of a subsistence fishing permit, you may take fish, other
than rainbow trout and steelhead trout, at any time in the Prince
William Sound Area.
(ii) You may take salmon in the Upper Copper River District only as
follows:
(A) In the Glennallen Subdistrict, from June 1 through September
30;
(B) You may not take salmon in the Chitina Subdistrict.
(iii) You may take salmon, other than chinook salmon, in the
vicinity of the former Native village of Batzulnetas only under the
authority of a Batzulnetas subsistence salmon fishing permit issued by
ADF&G and under the following conditions:
(A) You may take salmon only in those waters of the Copper River
between ADF&G regulatory markers located near the mouth of Tanada Creek
and approximately one-half mile downstream from that mouth and in
Tanada Creek between ADF&G regulatory markers identifying the open
waters of the creek;
(B) You may use only fish wheels and dip nets on the Copper River
and only dip nets and spears in Tanada Creek;
(C) You may take salmon only from June 1 through September 1 or
until the season is closed by emergency regulation; fishing periods are
to be established by emergency regulation and are two days per week
during the month of June and 3.5 days per week for the remainder of the
season;
(D) You must release chinook salmon to the water unharmed; you must
equip your fish wheel with a livebox or monitor it at all times;
(E) You must return the permit no later than September 30.
(iv) You may take salmon for subsistence purposes with no bag or
possession limits in those waters of the Southwestern District and
along the northwestern shore of Green Island from the westernmost tip
of the island to the northernmost tip, only as follows:
(A) You may use seines up to 50 fathoms in length and 100 meshes
deep with a maximum mesh size of four inches, or gillnets up to 150
fathoms in length, except that you may take pink salmon only in fresh
water using dip nets;
(B) You may take salmon only from May 15 until two days before the
commercial opening of the Southwestern District, seven days per week;
during the commercial salmon fishing season, only during open
commercial salmon fishing periods; and from two days following the
closure of the commercial salmon season until September 30, seven days
per week;
(C) You may not fish within the closed waters areas for commercial
salmon fisheries.
(v) You may take salmon for subsistence purposes with no bag or
possession limits in those waters north of a line from Porcupine Point
to Granite Point, and south of a line from Point Lowe to Tongue Point,
only as follows:
(A) You may use seines up to 50 fathoms in length and 100 meshes
deep with a maximum mesh size of four inches, or gillnets up to 150
fathoms in length with a maximum mesh size of six and one-quarter
inches, except that you may only take pink salmon in fresh water using
dip nets;
(B) You may take salmon only from May 15 until two days before the
commercial opening of the Eastern District, seven days per week during
the commercial salmon fishing season, only during open commercial
salmon fishing periods; and from two days following the closure of the
commercial salmon season until October 31, seven days per week;
(C) You may not fish within the closed waters areas for commercial
salmon fisheries.
(vi) If you take rainbow trout and steelhead trout incidentally in
other subsistence net fisheries, you may retain them for subsistence
purposes.
(vii) You may take herring spawn on kelp for subsistence purposes
from above water from March 15 through June 15 and underwater using
dive gear only during open periods for the wild herring spawn-on-kelp
commercial fishery.
(viii) You may not take salmon in the tributaries of the Copper
River and waters of the Copper River not in the Upper Copper River
District.
(ix) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit.
(x) You may take salmon only by the following types of gear:
(A) In the Glennallen Subdistrict by fish wheels, rod and reel, or
dip nets; and
(B) In salt water by gillnets and seines.
(xi) You may not rent, lease, or otherwise use your fish wheel used
for subsistence fishing for personal gain. You must register your fish
wheel with ADF&G. Your registration number and
[[Page 5211]]
name and address must be permanently affixed and plainly visible on the
fish wheel when the fish wheel is in the water; only the current year's
registration number may be affixed to the fish wheel; you must remove
any other registration number from the fish wheel. You must remove the
fish wheel from the water at the end of the permit period. You may
operate only one fish wheel at any one time. You may not set or operate
a fish wheel within 75 feet of another fish wheel. No fish wheel may
have more than two baskets. A wood or metal plate at least 12 inches
high by 12 inches wide, bearing your name and address in letters and
numerals at least one inch high, must be attached to each fish wheel so
that the name and address are plainly visible.
(xii) You must personally operate the fish wheel or dip net. You
may not loan or transfer a subsistence fish wheel or dip net permit
except as permitted.
(xiii) You may take halibut only by a single hand-held line with
not more than two hooks attached to it.
(xiv) You may take herring spawn on kelp only by a hand-held
unpowered blade-cutting device. You must cut kelp plant blades at least
four inches above the stipe (stem). The provisions of this paragraph do
not apply to Fucus species.
(xv) Except as provided in this section, you may take fish other
than salmon and freshwater fish species for subsistence purposes
without a subsistence fishing permit.
(xvi) You may take salmon and freshwater fish species only under
authority of a subsistence fishing permit.
(xvii) Only one subsistence fishing permit will be issued to each
household per year.
(xviii) The following apply to Upper Copper River District
subsistence salmon fishing permits:
(A) Only one type of gear may be specified on a permit;
(B) Only one permit per year may be issued to a household;
(C) You must return your permit no later than October 31, or you
may be denied a permit for the following year;
(D) If your household has a Chitina Subdistrict personal use salmon
fishing permit, you will not be issued a Copper River subsistence
salmon fishing permit;
(E) A fish wheel may be operated only by one permit holder at one
time; that permit holder must have the fish wheel marked as required by
this section and during fishing operations;
(F) Only the permit holder and the authorized member of the
household listed on the subsistence permit may take salmon;
(G) A permit holder must record on ADF&G forms all salmon taken
immediately after landing the salmon.
(xix) The total annual possession limit for an Upper Copper River
District subsistence salmon fishing permit is as follows:
(A) For a household with one person, 30 salmon, of which no more
than 5 may be chinook salmon if taken by dip net;
(B) For a household with two persons, 60 salmon, of which no more
than five may be chinook salmon if taken by dip net; plus 10 salmon for
each additional person in a household over 2, except that the
household's limit for chinook salmon taken by dip net does not
increase;
(C) upon request, permits for additional salmon will be issued for
no more than a total of 200 salmon for a permit issued to a household
with one person, of which no more than 5 may be chinook salmon if taken
by dip net; or no more than a total of 500 salmon for a permit issued
to a household with 2 or more persons, of which no more than 5 may be
chinook salmon if taken by dip net.
(xx) A subsistence fishing permit may be issued to a village
council, or other similarly qualified organization whose members
operate fish wheels for subsistence purposes in the Upper Copper River
District, to operate fish wheels on behalf of members of its village or
organization. A permit may only be issued following approval by ADF&G
of a harvest assessment plan to be administered by the permitted
council or organization. The harvest assessment plan must include:
provisions for recording daily catches for each fish wheel; sample data
collection forms; location and number of fish wheels; the full legal
name of the individual responsible for the lawful operation of each
fish wheel; and other information determined to be necessary for
effective resource management. The following additional provisions
apply to subsistence fishing permits issued under this paragraph
(i)(11)(xx):
(A) The permit will list all households and household members for
whom the fish wheel is being operated;
(B) The allowable harvest may not exceed the combined seasonal
limits for the households listed on the permit; the permittee will
notify the department when households are added to the list, and the
seasonal limit may be adjusted accordingly;
(C) Members of households listed on a permit issued to a village
council or other similarly qualified organization, are not eligible for
a separate household subsistence fishing permit for the Upper Copper
River District.
(xxi) You may not possess salmon taken under the authority of an
Upper Copper River District subsistence fishing permit unless both
lobes of the caudal (tail) fin have been immediately removed from the
salmon.
(xxii) In locations open to commercial salmon fishing other than
described for the Upper Copper River District, the annual subsistence
salmon limit is as follows:
(A) 15 salmon for a household of one person;
(B) 30 salmon for a household of two persons and 10 salmon for each
additional person in a household;
(C) No more than five king salmon may be taken per permit.
(xxiii) The daily harvest limit for halibut is two fish and the
possession limit is two daily harvest limits. You may not possess
sport-taken and subsistence-taken halibut on the same day.
(12) Yakutat Area. The Yakutat Area includes all waters of Alaska
between the longitude of Cape Suckling and the longitude of Cape
Fairweather.
(i) Unless restricted in this section or unless restricted under
the terms of a subsistence fishing permit, you may take fish at any
time in the Yakutat Area.
(ii) You may not take salmon during the period commencing 48 hours
before an opening until 48 hours after the closure of an open
commercial salmon net fishing season. This applies to each river or bay
fishery individually.
(iii) When the length of the weekly commercial salmon net fishing
period exceeds two days in any Yakutat Area salmon net fishery, the
subsistence fishing period is from 6:00 a.m. to 6:00 p.m. on Saturday
in that location.
(iv) You may take salmon, steelhead trout in the Situk and Ahrnklin
Rivers, other trout and char only under authority of a subsistence
fishing permit.
(v) If you take salmon, trout, or char incidentally by gear
operated under the terms of a subsistence permit for salmon, you may
retain them for subsistence purposes. You must report any salmon,
trout, or char taken in this manner on your permit calendar.
(vi) You may take fish by gear listed in this part unless
restricted in this section or under the terms of a subsistence fishing
permit.
(vii) In the Situk River, each subsistence salmon fishing permit
holder shall attend his or her gill net at all times when it is being
used to take salmon.
[[Page 5212]]
(viii) You may block up to two-thirds of a stream with a gillnet or
seine used for subsistence fishing.
(ix) You must remove the dorsal fin from subsistence-caught salmon
when taken.
(x) You may not possess subsistence-taken and sport-taken salmon on
the same day.
(13) Southeastern Alaska Area. The Southeastern Alaska Area
includes all waters between a line projecting southwest from the
westernmost tip of Cape Fairweather and Dixon Entrance.
(i) Unless restricted in this section or under the terms of a
subsistence fishing permit, you may take fish, other than rainbow trout
and steelhead trout, in the Southeastern Alaska Area at any time.
(ii) You may take herring at any time, except that in the 72 hours
before and 72 hours after an open commercial herring fishing period in
the Southeastern Alaska Area, a vessel that, or crew member or permit
holder who, participates in that commercial herring fishery opening may
not take or possess herring in any district in the Southeastern Alaska
Area.
(iii) From July 7 through July 31, you may take sockeye salmon in
the waters of the Klawock River, and Klawock Lake only from 8:00 a.m.
Monday until 5:00 p.m. Friday.
(iv) You must possess a subsistence fishing permit to take salmon,
trout, or char.
(v) Permits will not be issued for the taking of chinook or coho
salmon, but if you take chinook or coho salmon incidentally with gear
operated under terms of a subsistence permit for other salmon, they may
be kept for subsistence purposes. You must report any chinook or coho
salmon taken in this manner on your permit calendar.
(vi) If you take salmon, trout, or char incidentally with gear
operated under terms of a subsistence permit for other salmon, they may
be kept for subsistence purposes. You must report any salmon, trout, or
char taken in this manner on your permit calendar.
(vii) No permits for the use of nets will be issued for the salmon
streams flowing across or adjacent to the road systems of Petersburg,
Wrangell, and Sitka
(viii) You shall immediately remove the pelvic fins of all salmon
when taken.
(ix) You may not possess subsistence-taken and sport-taken salmon
on the same day.
Sec. __.27 Subsistence taking of shellfish.
(a) Regulations in this section apply to subsistence taking of
Dungeness crab, king crab, Tanner crab, shrimp, clams, abalone, and
other shellfish or their parts.
(b) You may take shellfish for subsistence uses at any time in any
area of the public lands by any method unless restricted by the
subsistence fishing regulations of Sec. __.26 or this section.
(c) Methods, means, and general restrictions. (1) The harvest limit
specified in this section for a subsistence season for a species and
the State harvest limit set for a State season for the same species are
not cumulative. This means that if you have taken the harvest limit for
a particular species under a subsistence season specified in this
section, you may not after that, take any additional shellfish of that
species under any other harvest limit specified for a State season.
(2) Unless otherwise provided in this section, you may use gear as
specified in the definitions of Sec. .26 for subsistence taking of
shellfish.
(3) You are prohibited from buying or selling subsistence-taken
shellfish, their parts, or their eggs, unless otherwise specified.
(4) You may not use explosives and chemicals, except that you may
use chemical baits or lures to attract shellfish.
(5) Marking requirements for subsistence shellfish gear are as
follows:
(i) You shall plainly and legibly inscribe your first initial, last
name, and address on a keg or buoy attached to unattended subsistence
fishing gear, except when fishing through the ice, you may substitute
for the keg or buoy, a stake inscribed with your first initial, last
name, and address inserted in the ice near the hole; subsistence
fishing gear may not display a permanent ADF&G vessel license number;
(ii) kegs or buoys attached to subsistence crab pots also must be
inscribed with the name or United States Coast Guard number of the
vessel used to operate the pots.
(6) Pots used for subsistence fishing must comply with the escape
mechanism requirements found in Sec. __.26.
(7) You may not mutilate or otherwise disfigure a crab in any
manner which would prevent determination of the minimum size
restrictions until the crab has been processed or prepared for
consumption.
(d) Taking shellfish by designated harvest permit. (1) Any species
of shellfish that may be taken by subsistence fishing under this part
may be taken under a designated harvest permit.
(2) If you are a Federally-qualified subsistence user
(beneficiary), you may designate another Federally-qualified
subsistence user to take shellfish on your behalf. The designated
fisherman must obtain a designated harvest permit prior to attempting
to harvest shellfish and must return a completed harvest report. The
designated fisherman may harvest for any number of beneficiaries but
may have no more than two harvest limits in his/her possession at any
one time.
(3) The designated fisherman must have in possession a valid
designated harvest permit when taking, attempting to take, or
transporting shellfish taken under this section, on behalf of a
beneficiary.
(4) a person may not fish with more than one legal limit of gear as
established by this section.
(5) You may not designate more than one person to take or attempt
to take shellfish on your behalf at one time. You may not personally
take or attempt to take shellfish at the same time that a designated
fisherman is taking or attempting to take shellfish on your behalf.
(e) If a subsistence shellfishing permit is required by this
section, the following conditions apply unless otherwise specified by
the subsistence shellfishing regulations this section:
(1) You may not take shellfish for subsistence in excess of the
limits set out in the permit;
(2) You must obtain a permit prior to subsistence fishing;
(3) You must have the permit in your possession and readily
available for inspection while taking or transporting the species for
which the permit is issued;
(4) The permit may designate the species and numbers of shellfish
to be harvested, time and area of fishing, the type and amount of
fishing gear and other conditions necessary for management or
conservation purposes;
(5) If specified on the permit, you shall keep accurate daily
records of the catch involved, showing the number of shellfish taken by
species, location and date of the catch and such other information as
may be required for management or conservation purposes;
(6) Subsistence fishing reports must be completed and submitted at
a time specified for each particular area and fishery;
(7) If the return of catch information necessary for management and
conservation purposes is required by a subsistence fishing permit and
you fails to comply with such reporting requirements, you are
ineligible to receive a subsistence permit for that activity during the
following calendar year, unless you demonstrate that failure to report
was due to loss in the
[[Page 5213]]
mail, accident, sickness or other unavoidable circumstances.
(f) Subsistence take by commercial vessels. No fishing vessel which
is commercially licensed and registered for shrimp pot, shrimp trawl,
king crab, Tanner crab, or Dungeness crab fishing may be used for
subsistence take during the period starting 14 days before an opening
until 14 days after the closure of a respective open season in the area
or areas for which the vessel is registered. However, if you are a
commercial fisherman, you may retain shellfish for your own use from
your lawfully taken commercial catch.
(g) You may not take or possess shellfish smaller than the minimum
legal size limits.
(h) Unlawful possession of subsistence shellfish. You may not
possess, transport, give, receive or barter shellfish or their parts
taken in violation of Federal or State regulations.
(i)(1) An owner, operator, or employee of a lodge, charter vessel,
or other enterprise that furnishes food, lodging, or guide services may
not furnish to a client or guest of that enterprise, shellfish that has
been taken under this chapter, unless:
(i) The shellfish has been taken with gear deployed and retrieved
by the client or guest;
(ii) The gear has been marked with the client's or guest's name and
address; and
(iii) The shellfish is to be consumed by the client or guest or is
consumed in the presence of the client or guest.
(2) The captain and crew members of a charter vessel may not
deploy, set, or retrieve their own gear in a subsistence shellfish
fishery when that vessel is being chartered.
(j) Subsistence shellfish areas and pertinent restrictions. (1)
Southeastern Alaska-Yakutat Area. No marine waters under jurisdiction
for Federal subsistence management.
(2) Prince William Sound Area. No marine waters under jurisdiction
for Federal subsistence management.
(3) Cook Inlet Area. You may not take shellfish for subsistence
purposes.
(4) Kodiak Area. (i) You may take crab for subsistence purposes
only under the authority of a subsistence crab fishing permit issued by
the ADF&G.
(ii) The operator of a commercially licensed and registered shrimp
fishing vessel must obtain a subsistence fishing permit from the ADF&G
before subsistence shrimp fishing during a closed commercial shrimp
fishing season or within a closed commercial shrimp fishing district,
section or subsection. The permit shall specify the area and the date
the vessel operator intends to fish. No more than 500 pounds (227 kg)
of shrimp may be in possession aboard the vessel.
(iii) The daily harvest and possession limit is 12 male Dungeness
crab per person; only male Dungeness crab with a shell width of six and
one-half inches or greater may be taken or possessed. Taking of
Dungeness crab is prohibited in water 25 fathoms or more in depth
during the 14 days immediately before the opening of a commercial king
or Tanner crab fishing season in the location.
(iv) In the subsistence taking of king crab:
(A) The annual limit is six crabs per household; only male king
crab may be taken or possessed;
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a two-week period shall have all bait
and bait containers removed and all doors secured fully open;
(C) You may not use more than five crab pots, each being no more
than 75 cubic feet in capacity to take king crab;
(D) You may take king crab only from June 1-January 31, except that
the subsistence taking of king crab is prohibited in waters 25 fathoms
or greater in depth during the period 14 days before and 14 days after
open commercial fishing seasons for red king crab, blue king crab, or
Tanner crab in the location;
(E) The waters of the Pacific Ocean enclosed by the boundaries of
Womans Bay, Gibson Cove, and an area defined by a line \1/2\ mile on
either side of the mouth of the Karluk River, and extending seaward
3,000 feet, and all waters within 1,500 feet seaward of the shoreline
of Afognak Island are closed to the harvest of king crab except by
Federally-qualified subsistence users.
(v) In the subsistence taking of Tanner crab:
(A) You may not use more than five crab pots to take Tanner crab;
(B) You may not take Tanner crab in waters 25 fathoms or greater in
depth during the 14 days immediately before the opening of a commercial
king or Tanner crab fishing season in the location;
(C) The daily harvest and possession limit is 12 male crab with a
shell width five and one-half inches or greater per person.
(5) Alaska Peninsula-Aleutian Islands Area. (i) The operator of a
commercially licensed and registered shrimp fishing vessel must obtain
a subsistence fishing permit from the ADF&G prior to subsistence shrimp
fishing during a closed commercial shrimp fishing season or within a
closed commercial shrimp fishing district, section, or subsection; the
permit shall specify the area and the date the vessel operator intends
to fish; no more than 500 pounds (227 kg) of shrimp may be in
possession aboard the vessel.
(ii) The daily harvest and possession limit is 12 male Dungeness
crab per person; only crabs with a shell width of five and one-half
inches or greater may be taken or possessed.
(iii) In the subsistence taking of king crab:
(A) The daily harvest and possession limit is six male crab per
person; only crabs with a shell width of six and one-half inches or
greater may be taken or possessed;
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a two-week period shall have all bait
and bait containers removed and all doors secured fully open;
(C) You may take crabs only from June 1-January 31.
(iv) The daily harvest and possession limit is 12 male Tanner crab
per person; only crabs with a shell width of five and one-half inches
or greater may be taken or possessed.
(6) Bering Sea Area. (i) In that portion of the area north of the
latitude of Cape Newenham, shellfish may only be taken by shovel,
jigging gear, pots and ring net.
(ii) The operator of a commercially licensed and registered shrimp
fishing vessel must obtain a subsistence fishing permit from the ADF&G
prior to subsistence shrimp fishing during a closed commercial shrimp
fishing season or within a closed commercial shrimp fishing district,
section or subsection; the permit shall specify the area and the date
the vessel operator intends to fish; no more than 500 pounds (227 kg)
of shrimp may be in possession aboard the vessel.
(iii) In waters south of 60 deg. N. lat., the daily harvest and
possession limit is 12 male Dungeness crab per person.
(iv) In the subsistence taking of king crab:
(A) In waters south of 60 deg. N. lat., the daily harvest and
possession limit is six male crab per person;
(B) All crab pots used for subsistence fishing and left in
saltwater unattended longer than a two-week period shall have all bait
and bait containers removed and all doors secured fully open;
(C) In waters south of 60 deg. N. lat., you may take crab only from
June 1-January 31;
(D) In the Norton Sound Section of the Northern District, you must
have a subsistence permit.
[[Page 5214]]
(v) In waters south of 60 deg. N. lat., the daily harvest and
possession limit is 12 male Tanner crab.
Dated: December 16, 1999.
James A. Caplan,
Acting Regional Forester, USDA-Forest Service.
Dated: December 15, 1999.
Thomas H. Boyd,
Acting Chair, Federal Subsistence Board.
[FR Doc. 00-1719Filed 2-1-00; 8:45 am]
BILLING CODE 3410-11-P, 4310-55-P